How are my ERISA attorney's fees and costs paid?

In most circumstances we are able to provide representation in an ERISA matter either on a contingency or retainer fee basis. In a contingency fee arrangement, we provide representation without prepayment and advance case costs at our discretion. Our fees are calculated as a percentage of any recovery we obtain for our clients and fees are deducted along with case costs from such recovery. In those instances when a recovery is not obtained, our clients owe us nothing for fees and costs. With a retainer arrangement, clients provide us monies to initiate representation and we bill for our services on an hourly basis. Clients are provided itemized bills and we deduct our fees from their retainers on a monthly basis while costs are deducted as they are incurred. Furthermore, clients are responsible for immediately replenishing their retainers when depleted, and any unused funds are generally refunded to clients at the conclusion of representation.

In certain circumstances, it my be financially advantageous for our clients to retain us on a retainer basis when they have the means to do so. This often occurs when the unpaid benefits are significant resulting in a potentially substantial percentage fee. In those instances, attorney's fees may be less under a retainer arrangement. Also, in certain circumstances contingent representation may not be possible. This most often occurs with medical claims when recoveries, if any, are generally paid by the plan directly to the providers and clients do not receive any monies from which their fees and costs can be deducted.

Lastly, we do seek reimbursement on behalf of our clients for their fees and costs from benefit plans when legally allowable. However, our clients remain responsible to us for payment of their fees and costs regardless of such claims.

At Greene & Tischler, P.A., we welcome the opportunity to answer any questions you may have regarding case fees and costs.